Wrongful Prosecutions?
John wrote to PoliceSpeedCameras for some assistance in January 2004.
I received an email from a gentleman (lets call him John for the story - real name with-held) who had received a speeding ticket and wanted to fight the infringement.
He believed that he wasn't speeding at the time he was snapped by a Multanova speed camera. At the time the photo was taken, there was another vehicle coming up on the inside lane.
I recommended that John take a look at the Multanova photograph at the old traffic office on Wellington Street, to see if there were two vehicles in the photo or just his car by itself.
If there were two vehicles in the photo his concerns were quite valid. You see the microwave emissions from a speed measuring device are not able to differentiate one vehicle from another when they are close together in adjacent lanes. Sure enough there were two vehicles in the frame.
Anyway, John was pretty steamed-up and with some encouragement, he took the matter to court representing himself.
During the case the Multanova photograph was produced and John pointed out to the magistrate that there were two vehicles in the photograph. The magistrate asked for a look at the photograph and commented to the prosecuting sergeant, "I thought that the police do not charge drivers if there are two vehicles in the photograph?" The sergeant replied, saying that he believed that the magistrate was right, and the case was adjourned.
Well John and I expected the police to withdraw the speeding charge, but that was not to be.
By this time John was feeling pretty down so I suggested that he not proceed any further by himself. I suggested that he go and see a very good solicitor that I know and tell him the story.
On the next court date John and the solicitor spoke to the prosecuting sergeant and offered not to pursue court costs if the flawed charge was withdrawn before court. dismissed. The police prosecuting section for some silly reason took a hard line and refused to drop the case.
Well, to cut a long story short, the police lost the case and the solicitors costs and Johns costs were awarded against the police. Ouch!@#! I'll bet that hurt them.
(As things have turned out, I couldn't have been more right!)
So the moral of the story is "Go and look at your photograph" and if there are two vehicle in the frame fight it!!!!! The police obviously didn't want to set a test case, but that is indeed what happened.
I feel sure that this is not an isolated incident and many people are being wrongly prosecuted, given the limitations of the technology.
SupportCrew
Originally Posted by Vvvtec
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